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Terms of Use and Copyright Notice
THIS
LICENSE, TERMS OF USE, AND COPYRIGHT NOTICE GOVERNS THE USE OF
THE WEBSITE PROVDED BY THE ABUNDANCE GROUP, LLC AND LOCATED AT
REPLYTOGINA.COM. BY USING THIS WEBSITE; YOU ARE AGREEING TO THE
TERMS OF THIS TERMS OF USE AND COPYRIGHT NOTICE. IF YOU
DO NOT AGREE TO THIS DOCUMENT, THEN IMMEDIATELY CEASE USING
TIS WEBSITE. ANY BREACH OF THIS AGREEMENT WILL BE PROSECUTED TO
THE FULL EXTENT OF THE LAW.
License Grant
The website located at ReplyToGina.com ("Website") includes
each individual web page contained on that site and all
images, scripts, or programs used to run the website.
The Website also includes any eBooks and/or Software and related explanatory written materials
available at that site.
"You" means the person or entity being licensed to use the
Website.
"We", “Our” and "Us" means The Abundance Group, LLC.
We hereby grant You a nonexclusive license to use the Website
.The Website is "in use" on a computer when
it is loaded into temporary memory (RAM) or installed into the
permanent memory of a computer—for example, a hard disk,
CD-ROM or other storage device, or loaded into an internet
browser on a computer.
By opening
this Website, You agree to abide by this Terms of Use and Copyright Notice
(hereinafter the "Agreement") as well as any other legal documents contained on
the Website(s). By visiting this Website, You
expressly agree: (1) to be bound by this Agreement,
and any other rules and terms and conditions of the websites
which appear in this Website if You choose to
visit or use them; and (2) to release Us and the affiliate or
reseller who referred You to this Website and
each of our owners, directors, officers, employees, agents,
affiliates, successors, and assigns from any and all liability
associated with this Website, and the websites
accessed from this Website. Failure to comply
with this Agreement and/or any violation of the Copyright of
this Website or any other applicable legal agreements will be
prosecuted to the fullest extent of the law. By visiting this
Website, You also warrant that You are a person
over the age of 18.
NOTE: Your
personal data will never be sold, shared, rented, or passed on
to any third party by the owner(s) of this Website. They are for Our use so that
We may inform You of new passwords and new additions for You
to download, or to inform you of changes to the Website. You can unsubscribe at any time by simply
clicking on the unsubscribe link at the bottom of each mailing
-- although doing so would mean that You would no longer
receive updated passwords to enter this Website and that this
Website may become unusable as a
result. For further information, please see the
Privacy Policy published at the
Website.
This Website is provided for informational purposes only
subject to the disclaimers contained herein and on the Website.
Title
We remain the owner of all right, title and interest in the
Website.
We do not
convey any intellectual property rights whatsoever (including
any Copyright, Trademark, or Patent rights) or any ownership
rights of this Website or of any related website(s), content, or any other form of written or
programmed material. All rights pertaining to the
intellectual property associated with the Website are owned either by Us or a third party.
All links
to websites other than those to http://www.ReplyToGina.com
and http://www.AbundanceGroup.com are trademarked and/or
copyrighted by their respective owners.
ReplyToGina.com and AbundanceGroup.com are subject to
copyrights and/or trademarks owned by The Abundance Group,
LLC. This Agreement does not in any way give You any right or
privilege with respect to any Trademarks or Copyrights,
including those owned by third parties. Where applicable, You
are to honor the third party Trademarks and Copyrights. Any
violation of a third party Trademark or Copyright will be
prosecuted to the fullest extent of the law by both Us and the
third party, as permitted by law.
All
Trademarks, Tradenames, Business Names, Logos, and website
URLs (including those of The Abundance Group, LLC) contained
within this Website are copyrighted by their
respective owners and may not be reproduced, in whole or in
part, unless left intact, explicitly in the order, location,
and manner in which they are used within this Website.
Things You May Not Do
The Website is protected by
United States
copyright laws and international treaties. You must treat the
Website like any other
copyrighted material--for example a book. You may not:
·
save a copy of the Website or any page, file, or image within
the Website,
·
copy the Website,
·
modify or adapt the Website or merge it into
another program,
·
reverse engineer, disassemble, decompile or make any attempt
to discover the source code of the Website,
·
place the Website onto a server so that it is
accessible via a public network such as the Internet, or
·
sublicense, rent, lease or lend any portion of the Website.
Transfers
You may NOT transfer any of Your rights to use the Website to any other person or legal
entity.
Warranty
THE WEBSITE IS PROVIDED "AS IS." WE DISCLAIM ALL
WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE ALSO DISCLAIM ALL OBLIGATIONS AND
LIABILITIES FOR DAMAGES, INCLUDING BUT NOT LIMITED TO,
SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES, ATTORNEY FEES AND
COURT COSTS ARISING FROM OR IN CONNECTION WITH THE USE OF THE
SOFTWARE LICENSED UNDER THIS AGREEMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
We do not
warrant, guarantee, or make any representations regarding the
use, or the results of the use, of the Website or of the products, services or written materials
contained on the website as to the correctness, accuracy,
reliability, or freshness, of the Website. The
entire risk as to the results and performance of the Website, and any or all website(s), software, products
or services contained therein or referenced by such Website, are assumed by You if the
Website, website(s), related software, products, services, or
written materials are defective. You assume the entire cost of
all necessary servicing, repairs, or corrections.
While
attempts have been made to verify information contained in
this Website, We do not assume any
responsibility for errors, omissions, interpretation or usage
of the subject matter herein.
Limited Remedy
Our entire liability and Your exclusive remedy shall be:
·
return the
Website to working order, if practicable
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE
USE OF OR THE INABILITY TO USE THE WEBSITE (EVEN
IF WE OR AN AUTHORIZED AFFILIATE OR RESELLER HAS BEEN ADVISED
OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY
OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
REFUNDS
If You
have made a purchase from the Website to which this
Agreement applies, and You did not receive the product or
service at no charge, and You do not agree with this Agreement,
then You must make a request for a refund, in writing, within
24 hours of said purchase or You are deemed to have accepted
this License in full. In the event that You have another
disagreement or conflict, You must send a notice in writing to
Legal (at) ReplyToGina.com (replacing the "(at)" with
the "@" symbol and removing the spaces), including a personal
statement to the effect that You have destroyed all copies of
any product or service received. Further, You must include
a copy of any receipt for purchase and full seller contact
information.
Only the
seller from whom You purchased the product or service may make a refund
to You and, even then, all sales are final and all refund
requests must be submitted not later than thirty (30) days
after purchase. Only sums of money directly received from You
by Us or by the reseller may, at Our sole discretion, be
refunded to You, on either a full or prorated basis. In the
event that You purchased this license from a reseller, then We
have no responsibility to issue any refund to You, and You
must apply for a refund directly from the reseller from whom
You made the purchase.
In the
event that You choose not to follow these explicit
instructions and instead file for a refund directly with any
merchant processor causing any damage whatsoever with the
relationship between Us and the merchant processor or between
Our reseller and the reseller's merchant processor, not only
shall You be held liable for any actual damages caused to the
respective merchant account(s), but You may also be liable for
liquidated damages in the amount of $1,000 per occurrence or
the total amount of the purchase price, whichever is higher.
FAILURE TO
HONOR REFUNDS: All resellers must promptly honor refunds, in
the event that a purchaser does not agree with this License,
provided, however, that said purchaser has complied with the
requirements of the prior paragraph and made such request in
writing within 24 hours after purchasing from this Website. Any reseller not promptly honoring
such refund request shall immediately loose any rights granted
at the time of purchase to the reseller, without any right to
any related refund of the reseller's License. All resellers
must be courteous, professional, and deliver eBooks and/or
Software ordered in a convenient and timely manner for the
customer's benefit.
Term and Termination
This Agreement takes effect upon Your use of the Website, and remains effective
until terminated. You may terminate it at any time by
immediately leaving the Website and not returing. It will also automatically terminate if You
fail to comply with any term or condition of this Agreement.
Confidentiality
The Website contains trade secrets and
proprietary know-how that belong to us and it is being made
available to You in strict confidence. ANY USE OR DISCLOSURE
OF THE WEBSITE, OR OF ITS ALGORITHMS, PROTOCOLS
OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS
LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR
TRADE SECRET RIGHTS.
Arbitration
The parties agree to submit any dispute under this License to
binding online arbitration, or in the event that this is not
practicable, then in the following State of Indiana, County of
Lake, United States of America, under the rules of the
American Arbitration Association. Judgment upon the award
rendered by the arbitrator may be entered in any court with
jurisdiction to do so.
Attorney Fees
If any legal action is necessary to enforce this License, the
prevailing party shall be entitled to reasonable attorney
fees, costs and expenses in addition to any other relief to
which it may be entitled.
General Provisions
1) Complete Agreement: This Agreement together with the Privacy Policy and the Earnings/Income
Disclaimer which can be found on the website and which are
incorporated herein by reference, is the sole and entire
Agreement between the parties. This Agreement supersedes all
prior understandings, agreements and documentation relating to
such subject matter.
2) Modifications to Agreement: Modifications and amendments to
this Agreement shall be enforceable if they are in writing and
posted on the Website. We reserve the right to modify this
Agreement at any time, without notice.
3) Applicable law: This License will be governed by the laws
of the State of
Indiana,
County of Lake, United States of America.
4) Notices: All notices and other communications given in
connection with this Agreement shall be in writing and shall be
delivered via email to the email address given at the time of
purchase, and to Us at Support (at) ReplyToGina.com.
5) You agree that ay product or service purchased from
the Website will not be shipped,
transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or
any other export laws, restrictions or regulations.
6) We
reserve the right to terminate any affiliate program
associated with the sale of this Website at any time, without warning, and We are
responsible for any results forthcoming from said termination.
7) Any
earnings or income statements, or earnings or income examples,
whether contained on the website(s) or within this Website, are only estimates of what anyone thinks You
could earn. There is no assurance You will do as well. If You
rely upon any hypothetical figures, You must accept the risk
of not doing as well. Any and all claims or representations as
to income earnings contained on the website(s) or within this
Website or on any sites contained therein, are
for illustration purposes only and are not to be considered as
average earnings. There can be no assurance that any prior
successes or past results as to income or earnings can be
used as an indication of Your future success or results. The
amount of time and effort that You spend marketing and
promoting this opportunity will directly correlate with Your
income result. For further information, see the
Earnings
Disclaimer found on the website.
8) Anyone
who violates this
Agreement
or its terms will forfeit any right
to continue marketing this Website, should any
such rights exist, whether the person or entity is
a reseller of the Website or whether the person
or entity is an affiliate of ReplyToGina.com.
Further, if any such person or entity shall have had Resale
Rights or Master Resale Rights, any such Resale Rights or
Master Resale Rights shall be immediately forfeited without
refund. We will immediately notify anyone violating this
Agreement via email to the email address provided at the time
of purchase or download. We reserve the right to immediately
terminate the user ID and/or password of the violator, and the
violator will no longer be able to use the Website; access the download area of the website; and any
copies that the violator may have previously distributed may
also be disabled and become unusable.
©
Copyright 2005 by The Abundance Group, LLC. All Rights
Reserved.
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